PATE v. STATE

7 Div. 129.

50 So.2d 796 (1951)

PATE v. STATE.

Court of Appeals of Alabama.

February 20, 1951.


Attorney(s) appearing for the Case

J. A. Johnson, of Fort Payne, for appellant.

Si Garrett, Atty. Gen, and Bernard F. Sykes, Asst. Atty. Gen., for the State.


HARWOOD, Judge.

This appeal it from appellant's conviction on a charge of driving while drunk.

Upon the calling of the case for trial counsel for appellant moved for a continuance because of the absence of an unserved witness. This witness according to appellant's counsel was "the next thing to an eye witness," and one with whom appellant had talked only a few minutes before his arrest.

The court denied the motion for a continuance.

No error...

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